Rule 24.Intervention.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 24
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) lists three grounds on which a person who applies in time must be permitted to intervene: a Rhode Island statute confers an unconditional right to intervene; the existing parties' representation of the applicant's interest is or may be inadequate and the applicant is or may be bound by a judgment in the action; or the applicant is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or subject to the control or disposition of the court or one of its officers. The second ground takes both halves at once — thin representation alone does not satisfy it, and neither does exposure to the judgment alone.
Subdivision (b) covers intervention the court may allow but does not have to. The grounds are a statute of this state conferring a conditional right, or a claim or defense that shares a question of law or fact with the main action. A federal or state officer or agency may also be let in when a party's claim or defense rests on a statute or executive order that the officer or agency administers, or on a regulation, order, requirement, or agreement issued or made under that statute or executive order. In exercising that discretion the court considers whether intervention will unduly delay or prejudice the adjudication of the original parties' rights.
Subdivision (c) sets the paperwork. The motion is served on the parties as Rule 5 provides, states the grounds for intervention, and must be accompanied by a pleading setting forth the claim or defense for which intervention is sought. A motion filed without that pleading is incomplete. Both kinds of intervention also require a timely application, and the rule fixes no number of days for measuring that.
Subdivision (d) adds a duty that falls on a party who is not seeking to intervene at all. When the constitutionality of an act of the legislature is drawn in question in an action where the state, or an officer, agency, or employee of the state, is not a party, the party asserting that the act is unconstitutional must notify the attorney general within such time as to afford an opportunity to intervene.
Frequently Asked Questions
How does someone who is not a party join a Rhode Island Family Court case?
By moving to intervene under Rule 24. Subdivision (c) requires the motion to be served on the parties as provided in Rule 5, to state the grounds, and to come with a pleading setting forth the claim or defense for which intervention is sought.
When does a person have a right to intervene rather than needing permission?
Subdivision (a) gives that right on three grounds. They are a Rhode Island statute conferring an unconditional right to intervene, inadequate representation of the applicant's interest by existing parties combined with the applicant being or possibly being bound by the judgment, or the applicant being adversely affected by a distribution or other disposition of property under the court's control.
What does the court weigh when intervention is discretionary?
Subdivision (b) directs the court to consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. The grounds for that kind of intervention are a conditional right to intervene given by a statute of this state, or a claim or defense that shares a question of law or fact with the main action.
Is there a deadline to file a motion to intervene?
Both subdivision (a) and subdivision (b) condition intervention on a timely application, and the rule sets no fixed number of days. The same timeliness condition governs a federal or state officer or agency asking to intervene under subdivision (b).
What happens if a case challenges whether a Rhode Island law is constitutional?
Subdivision (d) applies when the state, or a state officer, agency, or employee, is not already a party. The party asserting that the act is unconstitutional must notify the attorney general within such time as to afford an opportunity to intervene.